A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to a suspended sentence of one year for six months from imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.

On October 26, 2019, around 02:20, the Defendant driven a DM W 320-d car under the influence of alcohol 0.23% from a section of about 1km to the roads of the lake Park Management Office located in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City to the Housing Park Management Office located in 1518 of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the control of drinking driving, and the report on blood alcohol appraisal;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that there is one time the history of punishment for running under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the high drinking alcohol, the confession and reflect of the crime, the distance of the defendant's driving, the current situation of the defendant's age, and other factors such as sentencing prescribed by Article 51 of the Criminal Act